SA Put on a PIP in different role

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greg1984

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4 July 2019
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Hey guys, I am being put on a PIP in a different role to my normal contracual duties.
I work in horticulture and I am an assistant grower growing tomatoes in a glasshouse.
There are 5 stages (glasshouse expansions) to the company and I am in the 1st stage, and within the stage i am the 2IC.
I was called to the GM's office for a "catch up" and was told I would be taken off my duties to do another job while on a PIP for up to 12 months due to a report from a external consultant.

I never had the chance to defend my self over comments made in the report and was told I will be doing another role that doesnt exist as a standalone position which is far from what I have to do on a daily basis.

I dont feel I have been treated fairly and feel now I am at a major disadvantage within the company.

Is this lawful?

thanks in advance.

Greg
 

Rod

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Is this lawful?

Possibly not. Would need to see the employment contract and/or letter of offer.

The alternative however is for the employer to dismiss you if you are seen as not able to perform the original job.

Not an easy situation, and if the job is important to you, look at getting into the PIP an agreed measure for you to meet and then resume 2IC duties.
 

Paul Cott

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Hi Greg,
I agree with Rod, also, what were the comments n the report about, alleged underperformance? Generally a contract variation requires the consent or agreement of both parties to be legal. The reality in employment situations though is changes to an employment contract initiated by the employer are made on a take it or leave it basis.
 
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greg1984

Active Member
4 July 2019
8
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31
Hi Greg,
I agree with Rod, also, what were the comments n the report about, alleged underperformance? Generally a contract variation requires the consent or agreement of both parties to be legal. The reality in employment situations though is changes to an employment contract initiated by the employer are made on a take it or leave it basis.


Yes it was alleged underperformance.
 

greg1984

Active Member
4 July 2019
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Actually, I looked at your question again.
The report was not just about myself.
The consultant comes every 3 - 4 months to consult on the plant health and growing strategies for the whole site.
I have not yet seen the report, but was told by the GM that comments in there where made about the glasshouse not being looked after (general untidiness, pest issues and spray issues).
With out it being said in plain english by the GM, I am assuming its alleged underperformance.
My concern is Im only 2IC, I have 2 if not 3 seniors, one of which is direct, (Assistant Grower(Me) - SG Senior Grower(my Direct) - HG Head grower - GM, Less to greater role) to which I have brought up concerns in the past in regards to the issues pointed out in the report.

Out of interest under me but not directly is Labour manager and team leaders and directly under me are the IPM team (intergrated pest managment team).

My senior grower (SG) has also been changed twice, I had my original SG who was moved for a sort time to commission the new expansion to which I only found out on the day the new SG was to take over, and the original hascome back on the same day I had this meeting regarding my future to which I only found out in the meeting.

I have made a list of questions and comments I will talk about with the GM, Ill add in another post, it my give a bit more indepth info.
 

greg1984

Active Member
4 July 2019
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Black = general points
Red = Questions Ill ask
Green = My response (and what I feel were disregarded)
Blue = My thoughts



1) Consultant reported that the glasshouse was not being looked after, general untidiness, pest issues and spray issues.

a) Why was there not any consultation with me to discuss these issues as they were found, with the consultant, Head grower, my senior grower or GM?

b) Are all these issues pointing to underperformance?





2) Issues pointed out by Consultant were, spray machine didn’t reach the back, nozzles were not set up correct, pad corridors were untidy.

(Spray machine put into MEX(maintenance repair request) for that exact reason, IPM TL used machine without checking functionality, Nozzles were set appropriately for the chemical being used also done at the request of the SG at a higher chemical rate not permitted, Spray person was experienced but did not follow orders as they have been trained,
I had asked for the pad corridors to be tidied up in an email to SG and LM before a previous week off I had I mentioned to SG when I arrived back that it was not done.)


a) Why is my assumed underperformance regarding all these issues being based on a single observation made by the consultant?

b) Why were my responses not taken into account and in my opinion just dismissed?





3) Other issues pointed out by GM were, communication issues with senior grower i.e. answering calls, LM not listening to me, not listening to my seniors, assuming I was accusing others of using more chemicals when spraying due to an email i sent, Spray person was not experience, IPM TL wasn’t around

(If I am busy I won’t answer phone right away but will get back to them, I have also mentioned to 4 people higher up there is a lack of communication within the stage I work, I always listen to my seniors requests and follow them to the best of my ability given the circumstances, I have talked to 4 people higher up about LM not listening (5 if you include the Consultant), I was not stating others were using more chemical I was just unsure as to how I was not gaining control when following tips and plans made by the whole growing team also pest pressure was under control at the time of the meeting (both parties agreed), Spray person was experienced but did not follow orders as they have been trained, I would need to ascertain why IPM TL was not around)

a) What are all these issues being based on?

b) Why were my responses disregarded?

c) Why were my previous issues involving the LM not always responding to my requests not investigated into despite having talked to 2 senior growers that were directly responsible for me on different occasions, also the Head grower was made aware as well as the GM ?.

d) Why were my previous issues about not being communicated to by my seniors and always being the last to find out the on goings of the stage not rectified, despite having talked to 2 senior growers that were directly responsible for me on different occasions, also the Head grower was made aware as well as the GM?.

e) Why was the LM in most cases notified and questioned on situations regarding things related to my position before I was?

f) Why was I made to feel my position was undermined by SG, HG, GM based on the previous question, when LM role is below my role as AG?

g) Could this be contributed to my assumed underperforming and non-communicating?




4) GM said I am being removed from my role for up to 12 months and put on a PIP to look after the outside grounds of the company and will report to head grower

(The main issue that I could ascertain for this judgement was that the comments in the report had been sent to the board of trustees, and this decision was made abruptly and without proper investigation. I feel it was not properly investigated, I also assume decisions should be made on fair terms)

a) Why was there no fair investigation carried out?

b) What is the main reason I am being put on a PIP?

c) Why am I not being put on a PIP in my contractual role?



All this is just my current mind set, it may not be streight forward but its where i am at.
 

Rod

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You have very good questions.

Many are relevant BUT do you want to stand up for your rights by creating a 'problem' and possibly suffer as a result, or do you want to negotiate the PIP with the GM to your satisfaction.
 

greg1984

Active Member
4 July 2019
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I should add, there were two options given to me, Do the PIP on the other role or if Im not happy, He will aid me in finding another job elsewhere and give me a reference.
(I made it clear in the meeting and via an email that I fault the PIP in another role was an unfair way to gauge my performance on the aussumed underperformance).

To answer your question based on those two options given to me, I'm wanting to negotiat my PIP by fighting for my rights???, I feel I have no other option.

I am guessing thats the wrong thing to do?.
I am more then happy to negotiate the PIP with the GM to my satisfaction.

My negotiation would be that I resume my normal duties, and before commencing, Myself the GM the LM and SG maybe the HG have a meeting to address some of these issues to prevent future recurrence, while also undertaking parts of the job he was wanting to move me into.

All of which I am capable of doing, as long as I have the right support going forward (which I feel up till now I have not).

Is there any suggestions you could make that I should follow?
 

Rod

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Go in with a plan outlining how you see the PIP working and one that enables you to return to a 2IC role.

Asking hard questions is not going to improve your chances.

Start with the premise that things have to change, show your willingness to adapt and change and grow.